Professional Documents
Culture Documents
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1 PRELIMINARY STATEMENT
2 1. Harry Shearer, creator of the radio and podcast program "Le Show,"
3 and voice of some twenty-three characters on "The Simpsons," is co-creator of
4 the movie classic This Is Spinal Tap, in which he performed as the musician
5 Derek Smalls.
6 2. This Is Spinal Tap and its music, which Shearer also co-wrote,
7 including such songs as "Sex Farm" and "Stonehenge," have remained popular for
8 more than thirty years, and have earned considerable sums for the French
9 conglomerate Vivendi S.A.
10 3. But not for its creators. Defendant Vivendi and its agents, including
11 StudioCanal executive Ron Halpern, have engaged in anti-competitive business
12 practices by manipulating accounting between Vivendi film and music subsidiaries
13 and have engaged in fraud to deprive the Spinal Tap creators of a fair return for
14 their work.
15 4. To address this fraud, Mr. Shearer through his company Century of
16 Progress Productions ("CPP" or "Plaintiff") brings the present action seeking not less
17 than one hundred twenty five million dollars ($125,000,000) in compensatory and
18 punitive damages. Plaintiff is concurrently issuing notices of copyright termination
19 and has filed trademark applications to secure creative rights. CPP seeks a judicial
20 declaration vindicating those rights, which have been abandoned by Vivendi.
21 5. Since the movies release in 1984, This Is Spinal Tap music,
22 merchandise, classic phrases and images have become ubiquitous in popular culture.
23 The movie itself had two theatrical releases and has been re-sold in a number of
24 commercial formats. A series of companies has profited from merchandising,
25 music, film, television and video rights. For many years, Vivendi and its
26 subsidiaries, including Canal Plus, StudioCanal, StudioCanal Image and Universal
27 Music Group ("Vivendi"), have claimed and administered many of these rights and
28 have been responsible for accounting to the co-creators, including Plaintiff.
2
COMPLAINT AND DEMAND FOR JURY TRIAL
Case 2:16-cv-07733 Document 1 Filed 10/17/16 Page 3 of 17 Page ID #:3
1 caused Defendants to engage in the fraud and breaches of contract as alleged herein
2 and who are otherwise responsible and liable to Plaintiff for the wrongful acts
3 alleged herein. Plaintiff will amend this Complaint to allege the true names and
4 capacities of said defendants as they become known.
5 JURISDICTION AND VENUE
6 14. This Court has jurisdiction under 28 U.S.C. 1332 as the matter in
7 controversy exceeds the sum or value of $75,000 exclusive of interest and costs,
8 and is between citizens of a State and citizens or subjects of a foreign state.
9 15. This Court has jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a)
10 because this action seeks declaratory judgment that Defendants lack rights to enforce
11 abandoned trademarks under the Lanham Act, 15 U.S.C. 1051 et seq.
12 16. Venue is proper in this district under 28 U.S.C. 1391(b) because a
13 substantial part of the events that the claims are based upon occurred in this district.
14 17. Jurisdiction and venue are proper in this Court because Defendants,
15 through their predecessor-in-interest Embassy Pictures, a California joint venture,
16 contractually consented to submit to the jurisdiction of the District Court of the
17 Central District of California.
18 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
19 The Genesis and Success of "This Is Spinal Tap"
20 18. Christopher Guest ("Guest"), Michael McKean ("McKean") and
21 Harry Shearer ("Shearer") first performed together live as Spinal Tap in a television
22 show in the 1970's. They later, with Rob Reiner, developed the characters in the
23 Spinal Tap band and made a short film with improvised scenes and seven songs.
24 In the process of attempting to turn that short film into a feature-length movie, they
25 formed a joint partnership, "Spinal Tap Productions" ("STP"). On the strength of
26 this work, on May 7, 1982, Reiner, Shearer, Guest, and McKean, as co-owners of
27 STP, signed an agreement (the "Agreement") with Embassy Pictures ("Embassy")
28
4
COMPLAINT AND DEMAND FOR JURY TRIAL
Case 2:16-cv-07733 Document 1 Filed 10/17/16 Page 5 of 17 Page ID #:5
1 for production, financing, and distribution of the motion picture This Is Spinal Tap
2 ("TIST" or "the Film").
3 19. Under the terms of the Agreement, STP and its principals Reiner,
4 Shearer, Guest and McKean were to receive fixed, deferred and contingent
5 compensation for their services in the form of profit participation payments based
6 on all sources of revenue, including, without limitation, merchandise and music.
7 20. TIST was released in 1984. The renowned Chicago Sun film critic
8 Roger Ebert described TIST as "absolutely inspired" in a 1984 review that well
9 summarized the films appeal:
10 Rock musicians never die, they just fade away, and
11 This Is Spinal Tap is a movie about a British rock
group that is rocketing to the bottom of the charts. It also
12 is one of the funniest, most intelligent, most original
films of the year.
13 The movie looks like a documentary filmed during the
14 death throes of a British rock band named Spinal Tap.
It is, in fact, a satire. The rock group does not really
15 exist, but the best thing about this film is that it could.
The music, the staging, the special effects, the backstage
16 feuding and the pseudo-profound philosophizing are right
out of a hundred other rock groups and a dozen other
17 documentaries about rock.
1 21. TIST was quickly recognized as a unique film with long-term appeal,
2 as shown in its later inclusion in "best ever" lists such as The New York Times Guide
3 to the Best 1,000 Movies Ever Made; Entertainment Weeklys 100 Greatest Movies
4 of All Time where it appeared on the "Just Too Beloved to Ignore" list; and the
5 100 Greatest Movies of All Time list published by Total Film. Confirming TISTs
6 strong international appeal and following, in 2011 Time Out London named the film
7 number one on its list of The 100 Best Comedy Movies. In 2002, the National Film
8 Registry of the Library of Congress designated TIST as a culturally, historically, or
9 aesthetically significant film. TIST still enjoys popularity on television, home video,
10 and other media, including a 25th Anniversary Blu-Ray DVD release in 2009.
11 22. TIST was produced on a shoestring budget of approximately $2.25
12 million dollars. On information and belief, TISTs enduring popularity has
13 generated tens of millions of dollars in revenue in the thirty years since its original
14 theatrical release.
15 The Terms of the Original 1982 Production Agreement
16 23. The Agreement was drafted in several sections, including an eleven-
17 page letter agreement with details of overall rights, personal services, and
18 compensation; a one-page Exhibit A Instrument of Transfer; a 48-page Exhibit B
19 Standard Terms and Conditions, a fourteen-page Exhibit 1 to Exhibit B Formula
20 for Computing Net Receipts, and a four-page Exhibit 2, Standard Delivery Items.
21 The Agreement is signed by Guest as President of STP, and includes Inducement
22 Letters on behalf of their personal services corporations from Shearer (on behalf of
23 Century of Progress Productions), Reiner (on behalf of Rob Reiner Productions),
24 Guest (on behalf of himself), and McKean (on behalf of United Heathen).
25 24. Paragraph 12 of the Agreement acknowledges that STP "is entirely
26 owned by Rob Reiner Productions, United Heathen, Century of Progress
27 Productions and Christopher Guest."
28
6
COMPLAINT AND DEMAND FOR JURY TRIAL
Case 2:16-cv-07733 Document 1 Filed 10/17/16 Page 7 of 17 Page ID #:7
1 30. Revenue streams arising from the film, including sound recordings and
2 music publishing, were also included in the Agreement. The soundtrack music
3 rights are now claimed by entities including another subsidiary of Vivendi, the
4 Universal Music Group, which has an obligation to report and pay Canal, which in
5 turn has an obligation to report and pay Plaintiff pursuant to Defendants' accounting
6 obligations. The accounting between the Vivendi subsidiaries is not at arm's-length,
7 is anti-competitive, and deprives the TIST creators of a fair reward for their services.
8 Particularly given that Vivendi has offset fraudulent accounting for revenues from
9 music copyrights against equally dubious revenue streams for film and
10 merchandising rights also controlled by Vivendi subsidiaries, Shearer is concurrently
11 filing notices of copyright termination for publishing and recording rights in Spinal
12 Tap songs he co-wrote and co-recorded, as well as in the film itself.
13 Plaintiff Investigates Defendants' Accounting and
14 Discovers their Fraudulent Conduct
1 registrations for those SPINAL TAP marks, now cancelled, Registration Nos.
2 2499728, 2463576, 2867023, 2881983 and 2881984.
3 64. Defendants subsequently abandoned the SPINAL TAP marks, resulting
4 in the USPTO's cancellation of the federal registrations for those SPINAL TAP
5 marks in 2011 and 2012 as shown in Exhibit 1 hereto. Defendants' abandonment of
6 the SPINAL TAP marks is reflected by their discontinuation of use or enforcement
7 of the marks in the ordinary course of trade for at least three consecutive years
8 without intent to resume use.
9 65. Defendants' abandonment is further evidenced by the fact that
10 Defendants' did not oppose an application filed on December 27, 2013 by Heretic
11 Brewing Company to register the mark SPINAL TAP for use in connection with
12 "beer" products, which mark was registered by the USPTO on April 7, 2015
13 (Registration No. 4717603) as shown in Exhibit 3 hereto.
14 66. Despite Defendants' abandonment of any trademarks rights related to
15 This Is Spinal Tap, including in and to the mark SPINAL TAP, Defendants have
16 sought selectively to claim rights to the marks against Plaintiff and other co-creators
17 of the SPINAL TAP band, and have sought to prevent Plaintiff from performing or
18 selling merchandise in association with the marks SPINAL TAP or DERRICK
19 SMALLS unless Defendants grant a license and receive payment for such use.
20 67. Plaintiff, rejecting Defendants claim of rights, has recently filed
21 applications with the USPTO for federal registration of the marks SPINAL TAP and
22 DEREK SMALLS -- which have been assigned serial numbers 87203893,
23 87203921, 87203942, and 87203958 -- for, inter alia, entertainment services in the
24 nature of live music concerts and dramatic, comedic and musical performances and
25 for certain merchandise as set forth in Exhibits 4 through 7 hereto.
26 68. A substantial controversy exists between the parties as to whether
27 Plaintiff has the right to use and register the trademarks SPINAL TAP and DEREK
28 SMALLS in connection with entertainment performances and merchandise. The
15
COMPLAINT AND DEMAND FOR JURY TRIAL
Case 2:16-cv-07733 Document 1 Filed 10/17/16 Page 16 of 17 Page ID #:16
1 JURY DEMAND
2 Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff
Exhibit 1
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(LAST LISTED OWNER) STUDIOCANAL IMAGE JOINT STOCK COMPANY FRANCE 1, place du Spectacle 92130 Issy-les-Moulineaux FRANCE
Assignment
ASSIGNMENT RECORDED
Recorded
Attorney of
Colleen Parker
Record
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead
DEAD
Indicator
Cancellation
January 27, 2012
Date
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(LAST LISTED OWNER) STUDIOCANAL IMAGE JOINT STOCK COMPANY FRANCE 1, place du Spectacle 92130 Issy-les-Moulineaux FRANCE
Assignment
ASSIGNMENT RECORDED
Recorded
Attorney of
Colleen Parker
Record
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead
DEAD
Indicator
Cancellation
January 27, 2012
Date
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(LAST LISTED OWNER) STUDIOCANAL IMAGE JOINT STOCK COMPANY FRANCE 1, place du Spectacle Issy-les-Moulineaux FRANCE 92130
Assignment
ASSIGNMENT RECORDED
Recorded
Attorney of
Colleen Parker
Record
Type of Mark SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead
DEAD
Indicator
Cancellation Date May 25, 2012
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Exhibit 2
Case 2:16-cv-07733 Document 1-2 Filed 10/17/16 Page 2 of 14 Page ID #:31 '"'A .J .J ""'-""'-""
U"+ - I I - .C:::::UU.C:::::
cA~AL + D.A. Name: STUDIOCANAL IMAGE \\\\111\\1\\ \\Ill \\lll l\11\ 11\11 \\Ill \\Ill Ill\ 1\\1
Internal Address:
[] Individual CJ Association 03-26-2002
U.S. Pant. TMOfeiTM Mall Rcpt Ot. 11&4
Street Address: 5 ~ 13 Boulevard d
D General Partnership D Limited Partnership
City: Boulogne- Country France Postal Code 92100
Billancourt
Corporation- Country-
I
3. Nan1r e of conveyance:
LJ General Partnership
LJ Limited Partnership~ Country
CJ Assignment ~Merger
LJ Corporation-Country
[]security Agreement c:=J Change ofName
[J[J Other joint stock comran}:' of France
c:=J Other
If assignee is not domiciled in th
designation is attached c
umtc
,d S tates, a domestic. representative
ON 24914\vl
-~ ~!( 1 ..'
TRADEMARK
REEL: 002479 FRAME: 0737
Case 2:16-cv-07733 Document 1-2
SCHEDULE A Filed 10/17/16 Page 3 of 14 Page ID #:32
WASHINGTON 24916lv1
TRADEMARK
REEL: 002479 FRAME: 0738
Case 2:16-cv-07733 Document 1-2 Filed 10/17/16 Page 4 TRADEMARKS
of 14 Page ID #:33
Atty. Docket No. 39476-025
In reApplication of: )
STUDIOCANAL IMAGE S.A. )
)
Application Serial No.: 76/352,292 )
)
Filing Date: December 21,2001 )
)
Mark: THE GRADUATE )
the State ofNew York, ofthe firm Loeb & Loeb LLP, 345 Park Avenue, 18th Floor, New
York, New York 10154-0037, telephone number (212) 407-4861, its domestic representative
upon whom all notices or process in proceedings affecting the above identified application
may be served.
WASHINGTON 248943vl
TRADEMARK
REEL: 002479 FRAME: 0739
~ ~ mDnigDei swm~ !m!Sllttt.
Case 2:16-cv-07733 Document do~ t1tat the empgFiled
1-2 il 1 10/17/16 Page 5 of 14 Page ID #:34
~ trmsl3!ioo mlde. in 1M f.n2lish lan~ ll1d in coofonnity
wilh ~~~laoguage, which we bae 'lisled sail
Translated from the Frenc~
----
. -~ ~
-~,4J;f.
Q;!;. L ~,
STUDIOCANAL IMAGE
On Tuesday, 6th November ofthe year two thousand and one, at 10 a.m.,
Each shareholder was convened by an individual letter dated 22nd October 2001.
A register of attendance was drawn up and signed by each shareholder present as he entered
the meeting, both on his personal behalf and as proxy. '
The meeting was chaired by Mr. Richard LENORMAND, Chairman of the Board of
Directors.
The STUDIOCANAL Company, represented by Mrs. Severine FLOQUET, and Mrs. Corinne
CORNUT, the two shareholders representing, both themselves and as proxies, the greatest
number of shares, and accepting this duty, was called upon to act as Scrutineer.
The register of attendance, certified true by the Officers, indicated that the shareholders
present, represented or having voted by absentee ballot, own 7,419,567 shares out of the
7,462,660 sh~es which constitute the share capital.
Consequently, as the meeting represented more than the quorum required by law, it was duly
constituted and empowered to vote valid decisions.
The BARBIER RINAUL T ET AUTRES Firm, co-Statutory Auditors in office, duly convened
by registered letter with return receipt on 22nd October 2001, was absent and excused.
The RSM SALUSTRO REYDEL FIRM, co-Statutory Auditors in office, duly convened by
registered letter with return receipt on 22nd October 2001, was absent and excused.
TRADUCTOR
5, rue Jean Mermoz- 75008 PARI:=
Teh~phone : 01 45 e2 50 41
Telecopieur : 01 42 25 03 7 .c.
URSSAF 410 75108 2549 'I
N' SIREl' 353 047 624 OOC13
TRADEMARK
REEL: 002479 FRAME: 0740
Case 2:16-cv-07733 Document 1-2 Filed 10/17/16 Page 6 of 14 Page ID #:35
(~~ =-:~ -~~s
~c~:"--=:;;:.,:_ .:.
Mr.. Rene GOFFIN, Merger Auditor, appointed by order of the Chief Judge Of the ~~:---
Commercial Court ofNanterre on 27th July 2001, is present.
The Chairman tables and places at the disposal of the members of the meeting:
The Chainnan declares that the documt:nts and information stipulated by law and the
regulations have been sent to the shareholders and to the Statutory Auditors, or held at their
disposal in the registered offices for the period stipulated in said provisions. He also declares
that the provisions of Article 432-4, paragraph 5 of the Labour Code have been satisfied.
Lastly, he declares that the report by the Merger Auditors on the value of the assets being
brought into the company have been held at the shareholders' disposal in the registered offices
and filed with the Registrar of the Commercial Court ofNanterre at least eight days prior to
this Meeting.
The Chairman recalls that the meeting had been convened to debate on the following Agenda:
Reports by the Merger Auditors on the project of the merger, by absorption, of the
CANAL + DA Company by our company; .
Report by the Board of Directors on the project of the merger, by absorptwn, of the
CANAL + DA Company by our company t;
Approval of the merger agreement with the CANAL + DA Company;
Allocation of the merger premium,
Establishment of the finalizing of the merger and of the dissolution of the CANAL +
DA Company without liquidation .
Increase in the share capital as a result of the merger and the correlatzve amendment
of the Articles of Incorporation,
Powers for the performance offormalities.
The Chairman reads to the members present the report by the Board on the project for the
merger/absorption of the CANAL+ DA Company by our Company, then the reports by the
Merger Auditors_
TRADUCTOR
5 rue Jean Mermoz - 750.08 PARIS
' Telephone: 01 45 62 so 41
Telecopieur : 01 42 25 03 74
URSSAF 410 75108 2549 V
N' SIRET: 353 047 524 00013
TRADEMARK
REEL: 002479 FRAME: 0741
Case 2:16-cv-07733 Document 1-2 Filed 10/17/16 Page 7 of 14 Page ID #:36
.
' ~-
~
~~-/
Once these have been read, the Chairman opens the discussion.
Various comments are exchanged, and then, as no one requested leave to speak, the Chairman
put the following resolutions successively to a vote.
after having heard the report by the Board of Directors and the reports by the Merger
Auditors appointed by the Chief Judge of the Commercial Court of N anterre;
after having examined the merger agreement project signed on 25th September 2001
with the CANAL+ DA Company, a joint stock company with a share capital of
197,524,455, with registered offices at Espace Lumiere- 5-13, boulevard de Ia
Republique, in Boulogne-Billancourt (921 00), registered in the Nanterre Trade &
Companies Register under number 344 751 474, in which the CANAL+ DA
Company conveys all of its assets & liabilities to STUDIOCANAL IMAGE under a
merger agreement.
after having established that this merger project and its appendices had been approved
by the Extraordinary Meeting of the Shareholders ofthe CANAL+ DA Company,
accepts and approves all the provisions of said agreement, and consequently:
decides that in the event of the existence of share fractions, the shareholders of
CANAL+ DA would personally undertake to purchase or sell the necessary shares;
establishes that the difference between the net value of the assets being tran_sferred_
(FRF 2,113,232,326, or 322,160,191.29) and the ~ace value ofthe shares 1ssued m
exchange ( 16,460,370) will produce a share premiUm of 305,699,821.29 (or FRF
2,005,259,376.74).
decides to authorise the Board of Directors to allocate the merger premium as it sees
tit;
decides to establish the date of the effect of this merger retroact~vely at July 1st, 2001,
in accordance with Article L.236-4-2 of the Code ofCommerctal.
TRADEMARK
REEL: 002479 FRAME: 0742
Case 2:16-cv-07733 Document 1-2 Filed 10/17/16 Page 8 of 14 Page ID #:37
The Extraordinary Meeting of the Shareholders, after adopting the foregoing resolution and
having formally acknowledged the approval of this merger by the Extraordinary Meeting of
the Shareholders of the CANAL+ DA Company, establishes that the merger/absorption ofthe
CANAL+ DA Company had been fully carried-out and that at the end of this Shareholders
Meeting, this company will be dissolved, correlatively, without any liquidation, and the shares
created by the STUDIOCANAL IMAGE Company for the capital increase to remuneration
the assets brought in by the CANAL + DA Company will be allotted to its shareholders in the
proportions previously stated.
The Extraordinary Meeting of the Sharc::holders, after having formally acknowledged the
voting of the previous resolutions, establishes that the capital ofthe STUDIOCANAL
IMAGE Company had been increased by 16,460,370, at the time ofthe merger/absorption
of CANAL+ DA, to be raised from 14,925,320 to 31,385,690 by the creation of
8,230,185 fully paid-up shares of a face value of 2 each, to be granted to the shareholders of
the CANAL + DA Company.
These 8,230,185 new shares, of the same category as the former shares, will bear dividends as
of same date, and will be totally likened to the other shares composing the capital of the
STUDIOCANAL IMAGE Company.
The share capital has been set at the sum of thirty one million three hundred and eighty five
thousand six hundred and ninety euros ( 31,385,690), divided into 15,692,845 fully paid-up
shares ofa face value of two Euros ( 2) each."
TRADUCTOR
5. rue Jean Mermoz- 75'::0:3 r-'ARI::
Telephone : 01 45 c._ :- -.1
Telecopieur: 01 42 25 c~ -;-~
URSSAF410751C. 25"9 J
N. SIRET: 353 047 624 OC.C 1 ~-
TRADEMARK
REEL: 002479 FRAME: 0743
Case 2:16-cv-07733 Document 1-2 Filed 10/17/16 Page 9 of 14 Page ID #:38
The Extraordinary Meeting of the Shareholders grantes full powers to the bearer of an
original, a copy or an extract of these Minutes for filing all documents, performing all
formalities and publishing all documents required.
***
This resolution is unanimously adopted.
As no items remain on the Agenda, and as no one requests leave to speak, the Chairman
adjourns the meeting.
All of the foregoing was recorded in these minutes which were read and signed by the
officers.
IRADUCT7c;?~08
M rmoz- o-v
PARIS
5, rue Jean e. 01 45 62 50 41
Telephone .. 01 42 25 03 74
1"elecDP 1 e~~io 75 , 08 2549 v
URSSA 624 ()000
l'l" SIRE.i : 353 047
TRADEMARK
REEL: 002479 FRAME: 0744
Case 33
fax e"tS odr 2:16-cv-07733
1 ?1 75 87 HZDocument 1-2 Filed 10/17/16 Page 10 of 14 Page ID #:39
STUD!OCA"AL !"AGE
l'.a rvt.~ ct. U 1 ?1 ~ 87 S5 86/82/82 16 : 48
STU! IO~L CO"~tA
151"11...-u 11. 1~
8nll,IOCANAL IMAGE
Cheque ecrionnairw :a ete convoque ,.., let re'! indivducllc en date du 22 oc;tobre 2001.
11 a ~lC tlabli ~ne feuillc de pJ"'!Mn~ qu1 3 et~ llf'ie par ChaqUf! ec:tuo>nnaJR -p"*sent, u mument de
son entree c:n 1cance tal'lt en son nom J)el'"$1 nnel que commc mandataare.
lA seance eal pre5idee par Monsieur Rich: .,d t.ENORMAND. Preaadent du conaeil dadminiatnniun.
~n ~unsequft4:e. l'assemblee. t'CW1iulnt p U$ que le quorum du t1ers requJa .,_, Ia lo\, at n&auhcrcment
conshtuec ct J'C'I' valablement deliberer.
Lc c;abertet BAJlBlli!K rRJNAULT T AUTRES. co-Comft'\i.ssairc auJL compta htulain,
~uliercment ~nvoque pc lcttre reconmenctee avec demande \i'avi:s de reception en date du
2l octotwe 200 t, en a.baent exc\JM.
Le cabinet RSM SALUSTRO Uvt>T 1.. (;o-Conun,surc a~JL compta titulaite, rfauhercrnent
convoque par lcttre n::~ot"Ylmandcc a"c' ci :-mande ~ ~~ de.: rec:epttoft en date du :12 octobrc 2001. m
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TRADEMARK
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TRADEMARK
RECORDED: 03/26/2002 REEL: 002479 FRAME: 0749
Case 2:16-cv-07733 Document 1-3 Filed 10/17/16 Page 1 of 4 Page ID #:44
Exhibit 3
Trademark Electronic Search System (TESS) http://tess2.uspto.gov/bin/showfield?f=doc&state=4807:y7pnnp.2.1
Case 2:16-cv-07733 Document 1-3 Filed 10/17/16 Page 2 of 4 Page ID #:45
United States Patent and Trademark Office
Please logout when you are done to release system resources allocated for you.
10/16/2016
Case 2:16-cv-07733 Document 1-3 Filed 10/17/16 Page 3 of 4 Page ID #:46
Spinal Tap
Reg. N 0. 4, 717,603 HERETIC BREWING COMPANY (CALIFORNIA CORPORATION)
6617 CAPWELL WAY
Registered Apr. 7, 2015 ELK GROVE, cA 95757
Int. Cl.: 32 FOR: BEER, IN cLAss 32 (u.s. cLs. 45,46 AND 48).
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the
5th and 6th years after the registration date. See 15 U.S.C. 1058, 1141k. If the declaration is
accepted, the registration will continue in force for the remainder of the ten-year period, calculated
from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a
federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an
Application for Renewal between the 9th and lOth years after the registration date.*
See 15 U.S.C. 1059.
You must file a Declaration ofU se (or Excusable Nonuse) and an Application for Renewal between
every 9th and 1Oth-year period, calculated from the registration date.*
The above documents will be accepted as timely if filed within six months after the deadlines listed above
with the payment of an additional fee.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online
at http://www. uspto .gov.
NOTE: A courtesy e-mail reminder ofUSPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 I RN # 4,717,603
Case 2:16-cv-07733 Document 1-4 Filed 10/17/16 Page 1 of 5 Page ID #:48
Exhibit 4
Case 2:16-cv-07733 Document 1-4 Filed 10/17/16 Page 2 of 5 Page ID #:49
From: TEAS@uspto.gov
Sent: Friday, October 14, 2016 3:50 PM
To: Rzonca, Lynn E. (Phila); Militello, Corinne (Phila); Eckenrode, Theresa (Phila);
phila_tmdocketing
Subject: 00200496 Serial number 87203893: Received Your Trademark/Service Mark
Application, Principal Register
Please read all of the important information below. Not every mark is registrable with the USPTO and
we do not refund the application filing fee(s) if a registration does not ultimately issue.
3. RECEIVING E-MAIL COMMUNICATIONS/FILING DOCUMENTS ON-LINE: Because you
have authorized receipt of correspondence by e-mail, please make sure that your server will accept
USPTO e-mail and not treat it as SPAM. If you must submit correspondence to us, please use the
Trademark Electronic Application System (TEAS) forms, available at
http://www.uspto.gov/trademarks/teas/index.jsp. Applicants who filed their application online using
the lower-fee TEAS RF application form must (1) continue to submit certain documents online using
TEAS, including responses to Office actions (see
http://www.uspto.gov/trademarks/teas/required_teas_filings.jsp for a complete list of these
documents); (2) accept correspondence from the USPTO via e-mail throughout the examination
process; and (3) maintain a valid e-mail address. TEAS RF applicants who do not meet these three
requirements must submit an additional processing fee of $50 per international class of
goods/services. However, in certain situations, authorizing an examiner's amendment by telephone
will not incur this additional fee.
4. KEEP YOUR ADDRESS CURRENT IN USPTO RECORDS: We do not extend filing deadlines
due to a failure to receive USPTO mailings/e-mailings. You must update the correspondence and/or
owner's address if a postal address and/or e-mail address changes, using the form(s) available at
http://www.uspto.gov/trademarks/teas/correspondence.jsp.
5. WARNING ABOUT UNSOLICITED COMMUNICATIONS: You may receive trademark-related
communications from private companies not associated with the USPTO. These communications
frequently display customer-specific information, including your USPTO serial number or registration
number and owner name, and request fees for trademark-related services, such as monitoring, listings
in international publications, and document filing. None of the companies offering these services are
affiliated with the USPTO or any other federal agency. All official correspondence will be from the
"United States Patent and Trademark Office" in Alexandria, VA, and if by e-mail, specifically from
the domain "@uspto.gov." Please consult the "Warning" page on the Trademarks section of the
1
Case 2:16-cv-07733 Document 1-4 Filed 10/17/16 Page 3 of 5 Page ID #:50
USPTO's website for further information about unsolicited communications and to view
representative examples of them. For general information on filing and maintenance requirements for
trademark applications and registrations, including fees required by law, please consult
www.uspto.gov, contact the TrademarkAssistanceCenter@uspto.gov or telephone 1-800-786-9199.
6. LEGAL EXAMINATION PROCESS: Your application is now pending examination. In
approximately 3 months, your application will be assigned to a USPTO examining attorney for
review. The application cannot mature into a registration unless all legal requirements are met, and
many applications never satisfy these requirements and therefore never register. The overall process
can take up to 18 months.
7. CHECK STATUS AND REVIEW DOCUMENTS OR YOUR APPLICATION MAY BE
UNINTENTIONALLY ABANDONED: You must check the status and review all documents
associated with your application at least every 3-4 months using Trademark Status and Document
Retrieval (TSDR), available at http://tsdr.uspto.gov/.
In the limited situation where you inadvertently filed identical applications, one immediately after the
other, because no confirmation of the first filing was received, please provide both serial numbers to
the technical support team at TEAS@uspto.gov.
10. SelectUSA: The United States represents the largest, most dynamic marketplace in the world and is
an unparalleled location for business investment, innovation, and commercialization of new
technologies. The U.S. offers tremendous resources and advantages for those who invest and
manufacture goods here. Through SelectUSA, our nation works to promote and facilitate business
investment. SelectUSA provides information assistance to the international investor community;
serves as an ombudsman for existing and potential investors; advocates on behalf of U.S. cities, states,
and regions competing for global investment; and counsels U.S. economic development organizations
on investment attraction best practices. To learn more about why the United States is the best country
in the world to develop technology, manufacture products, deliver services, and grow your business,
2
Case 2:16-cv-07733 Document 1-4 Filed 10/17/16 Page 4 of 5 Page ID #:51
APPLICATION DATA: You have filed a Trademark/Service Mark Application for registration on the
Principal Register using a TEAS RF application form.
The applicant, Century of Progress Productions, a personal services corporation legally organized under the
laws of California, having an address of
13801 Ventura Blvd
Sherman Oaks, California 91423
United States
requests registration of the trademark/service mark identified above in the United States Patent and
Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et
seq.), as amended, for the following:
International Class 041: Entertainment, namely, live music concerts; Entertainment in the nature of
presenting live dramatic, comedic, and musical performances; providing online non-downloadable video clips
and other multimedia materials containing audio, video, artwork, and/or text from or related to live dramatic,
comedic, and musical performances; providing a website with information concerning live dramatic,
comedic, and musical performances
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in
connection with the identified goods/services.
3
Case 2:16-cv-07733 Document 1-4 Filed 10/17/16 Page 5 of 5 Page ID #:52
A fee payment in the amount of $275 has been submitted with the application, representing payment for 1
class(es).
Declaration
The signatory believes that: if the applicant is filing the application under 15 U.S.C. 1051(a), the applicant
is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in
commerce on or in connection with the goods/services in the application; the specimen(s) shows the mark as
used on or in connection with the goods/services in the application; and/or if the applicant filed an application
under 15 U.S.C. 1051(b), 1126(d), and/or 1126(e), the applicant is entitled to use the mark in
commerce; the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in
connection with the goods/services in the application. The signatory believes that to the best of the signatory's
knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark
in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in
connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. The
signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or
both, under 18 U.S.C. 1001, and that such willful false statements and the like may jeopardize the validity
of the application or any registration resulting therefrom, declares that all statements made of his/her own
knowledge are true and all statements made on information and belief are believed to be true.
Declaration Signature
Thank you,
4
Case 2:16-cv-07733 Document 1-5 Filed 10/17/16 Page 1 of 5 Page ID #:53
Exhibit 5
Case 2:16-cv-07733 Document 1-5 Filed 10/17/16 Page 2 of 5 Page ID #:54
From: TEAS@uspto.gov
Sent: Friday, October 14, 2016 4:00 PM
To: Rzonca, Lynn E. (Phila); Militello, Corinne (Phila); Eckenrode, Theresa (Phila);
phila_tmdocketing
Subject: 00200496 Serial number 87203921: Received Your Trademark/Service Mark
Application, Principal Register
Please read all of the important information below. Not every mark is registrable with the USPTO and
we do not refund the application filing fee(s) if a registration does not ultimately issue.
3. RECEIVING E-MAIL COMMUNICATIONS/FILING DOCUMENTS ON-LINE: Because you
have authorized receipt of correspondence by e-mail, please make sure that your server will accept
USPTO e-mail and not treat it as SPAM. If you must submit correspondence to us, please use the
Trademark Electronic Application System (TEAS) forms, available at
http://www.uspto.gov/trademarks/teas/index.jsp. Applicants who filed their application online using
the lower-fee TEAS RF application form must (1) continue to submit certain documents online using
TEAS, including responses to Office actions (see
http://www.uspto.gov/trademarks/teas/required_teas_filings.jsp for a complete list of these
documents); (2) accept correspondence from the USPTO via e-mail throughout the examination
process; and (3) maintain a valid e-mail address. TEAS RF applicants who do not meet these three
requirements must submit an additional processing fee of $50 per international class of
goods/services. However, in certain situations, authorizing an examiner's amendment by telephone
will not incur this additional fee.
4. KEEP YOUR ADDRESS CURRENT IN USPTO RECORDS: We do not extend filing deadlines
due to a failure to receive USPTO mailings/e-mailings. You must update the correspondence and/or
owner's address if a postal address and/or e-mail address changes, using the form(s) available at
http://www.uspto.gov/trademarks/teas/correspondence.jsp.
5. WARNING ABOUT UNSOLICITED COMMUNICATIONS: You may receive trademark-related
communications from private companies not associated with the USPTO. These communications
frequently display customer-specific information, including your USPTO serial number or registration
number and owner name, and request fees for trademark-related services, such as monitoring, listings
in international publications, and document filing. None of the companies offering these services are
affiliated with the USPTO or any other federal agency. All official correspondence will be from the
"United States Patent and Trademark Office" in Alexandria, VA, and if by e-mail, specifically from
the domain "@uspto.gov." Please consult the "Warning" page on the Trademarks section of the
1
Case 2:16-cv-07733 Document 1-5 Filed 10/17/16 Page 3 of 5 Page ID #:55
USPTO's website for further information about unsolicited communications and to view
representative examples of them. For general information on filing and maintenance requirements for
trademark applications and registrations, including fees required by law, please consult
www.uspto.gov, contact the TrademarkAssistanceCenter@uspto.gov or telephone 1-800-786-9199.
6. LEGAL EXAMINATION PROCESS: Your application is now pending examination. In
approximately 3 months, your application will be assigned to a USPTO examining attorney for
review. The application cannot mature into a registration unless all legal requirements are met, and
many applications never satisfy these requirements and therefore never register. The overall process
can take up to 18 months.
7. CHECK STATUS AND REVIEW DOCUMENTS OR YOUR APPLICATION MAY BE
UNINTENTIONALLY ABANDONED: You must check the status and review all documents
associated with your application at least every 3-4 months using Trademark Status and Document
Retrieval (TSDR), available at http://tsdr.uspto.gov/.
In the limited situation where you inadvertently filed identical applications, one immediately after the
other, because no confirmation of the first filing was received, please provide both serial numbers to
the technical support team at TEAS@uspto.gov.
10. SelectUSA: The United States represents the largest, most dynamic marketplace in the world and is
an unparalleled location for business investment, innovation, and commercialization of new
technologies. The U.S. offers tremendous resources and advantages for those who invest and
manufacture goods here. Through SelectUSA, our nation works to promote and facilitate business
investment. SelectUSA provides information assistance to the international investor community;
serves as an ombudsman for existing and potential investors; advocates on behalf of U.S. cities, states,
and regions competing for global investment; and counsels U.S. economic development organizations
on investment attraction best practices. To learn more about why the United States is the best country
in the world to develop technology, manufacture products, deliver services, and grow your business,
2
Case 2:16-cv-07733 Document 1-5 Filed 10/17/16 Page 4 of 5 Page ID #:56
APPLICATION DATA: You have filed a Trademark/Service Mark Application for registration on the
Principal Register using a TEAS RF application form.
The applicant, Century of Progress Productions, a personal services corporation legally organized under the
laws of California, having an address of
13801 Ventura Blvd
Sherman Oaks, California 91423
United States
requests registration of the trademark/service mark identified above in the United States Patent and
Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et
seq.), as amended, for the following:
International Class 016: Printed matter, namely, posters, calendars, souvenir books, notebooks, note
cards, temporary tattoo transfers, photographs, printed tickets, event programs, decals, stickers
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in
connection with the identified goods/services.
International Class 025: Clothing, namely, t-shirts, long-sleeved shirts, tank tops, shirts, tops, coats,
jackets, sweatshirts, pullovers, hooded pullovers, pants, shorts, jeans, sweatpants, loungewear, sleepwear,
pajamas, bathrobes, shoes, boxer shorts, boxer briefs, underwear, belts, gloves, bandanas, caps, hats
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in
connection with the identified goods/services.
subsequent application-related submissions via the Trademark Electronic Application System (TEAS).
Failure to do so will result in an additional processing fee of $50 per international class of goods/services.
A fee payment in the amount of $550 has been submitted with the application, representing payment for 2
class(es).
Declaration
The signatory believes that: if the applicant is filing the application under 15 U.S.C. 1051(a), the applicant
is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in
commerce on or in connection with the goods/services in the application; the specimen(s) shows the mark as
used on or in connection with the goods/services in the application; and/or if the applicant filed an application
under 15 U.S.C. 1051(b), 1126(d), and/or 1126(e), the applicant is entitled to use the mark in
commerce; the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in
connection with the goods/services in the application. The signatory believes that to the best of the signatory's
knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark
in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in
connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. The
signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or
both, under 18 U.S.C. 1001, and that such willful false statements and the like may jeopardize the validity
of the application or any registration resulting therefrom, declares that all statements made of his/her own
knowledge are true and all statements made on information and belief are believed to be true.
Declaration Signature
Thank you,
4
Case 2:16-cv-07733 Document 1-6 Filed 10/17/16 Page 1 of 5 Page ID #:58
Exhibit 6
Case 2:16-cv-07733 Document 1-6 Filed 10/17/16 Page 2 of 5 Page ID #:59
From: TEAS@uspto.gov
Sent: Friday, October 14, 2016 4:10 PM
To: Rzonca, Lynn E. (Phila); Militello, Corinne (Phila); Eckenrode, Theresa (Phila);
phila_tmdocketing
Subject: 00200496 Serial number 87203942: Received Your Trademark/Service Mark
Application, Principal Register
Please read all of the important information below. Not every mark is registrable with the USPTO and
we do not refund the application filing fee(s) if a registration does not ultimately issue.
3. RECEIVING E-MAIL COMMUNICATIONS/FILING DOCUMENTS ON-LINE: Because you
have authorized receipt of correspondence by e-mail, please make sure that your server will accept
USPTO e-mail and not treat it as SPAM. If you must submit correspondence to us, please use the
Trademark Electronic Application System (TEAS) forms, available at
http://www.uspto.gov/trademarks/teas/index.jsp. Applicants who filed their application online using
the lower-fee TEAS RF application form must (1) continue to submit certain documents online using
TEAS, including responses to Office actions (see
http://www.uspto.gov/trademarks/teas/required_teas_filings.jsp for a complete list of these
documents); (2) accept correspondence from the USPTO via e-mail throughout the examination
process; and (3) maintain a valid e-mail address. TEAS RF applicants who do not meet these three
requirements must submit an additional processing fee of $50 per international class of
goods/services. However, in certain situations, authorizing an examiner's amendment by telephone
will not incur this additional fee.
4. KEEP YOUR ADDRESS CURRENT IN USPTO RECORDS: We do not extend filing deadlines
due to a failure to receive USPTO mailings/e-mailings. You must update the correspondence and/or
owner's address if a postal address and/or e-mail address changes, using the form(s) available at
http://www.uspto.gov/trademarks/teas/correspondence.jsp.
5. WARNING ABOUT UNSOLICITED COMMUNICATIONS: You may receive trademark-related
communications from private companies not associated with the USPTO. These communications
frequently display customer-specific information, including your USPTO serial number or registration
number and owner name, and request fees for trademark-related services, such as monitoring, listings
in international publications, and document filing. None of the companies offering these services are
affiliated with the USPTO or any other federal agency. All official correspondence will be from the
"United States Patent and Trademark Office" in Alexandria, VA, and if by e-mail, specifically from
the domain "@uspto.gov." Please consult the "Warning" page on the Trademarks section of the
1
Case 2:16-cv-07733 Document 1-6 Filed 10/17/16 Page 3 of 5 Page ID #:60
USPTO's website for further information about unsolicited communications and to view
representative examples of them. For general information on filing and maintenance requirements for
trademark applications and registrations, including fees required by law, please consult
www.uspto.gov, contact the TrademarkAssistanceCenter@uspto.gov or telephone 1-800-786-9199.
6. LEGAL EXAMINATION PROCESS: Your application is now pending examination. In
approximately 3 months, your application will be assigned to a USPTO examining attorney for
review. The application cannot mature into a registration unless all legal requirements are met, and
many applications never satisfy these requirements and therefore never register. The overall process
can take up to 18 months.
7. CHECK STATUS AND REVIEW DOCUMENTS OR YOUR APPLICATION MAY BE
UNINTENTIONALLY ABANDONED: You must check the status and review all documents
associated with your application at least every 3-4 months using Trademark Status and Document
Retrieval (TSDR), available at http://tsdr.uspto.gov/.
In the limited situation where you inadvertently filed identical applications, one immediately after the
other, because no confirmation of the first filing was received, please provide both serial numbers to
the technical support team at TEAS@uspto.gov.
10. SelectUSA: The United States represents the largest, most dynamic marketplace in the world and is
an unparalleled location for business investment, innovation, and commercialization of new
technologies. The U.S. offers tremendous resources and advantages for those who invest and
manufacture goods here. Through SelectUSA, our nation works to promote and facilitate business
investment. SelectUSA provides information assistance to the international investor community;
serves as an ombudsman for existing and potential investors; advocates on behalf of U.S. cities, states,
and regions competing for global investment; and counsels U.S. economic development organizations
on investment attraction best practices. To learn more about why the United States is the best country
in the world to develop technology, manufacture products, deliver services, and grow your business,
2
Case 2:16-cv-07733 Document 1-6 Filed 10/17/16 Page 4 of 5 Page ID #:61
APPLICATION DATA: You have filed a Trademark/Service Mark Application for registration on the
Principal Register using a TEAS RF application form.
The applicant, Century of Progress Productions, a personal services corporation legally organized under the
laws of California, having an address of
13801 Ventura Blvd
Sherman Oaks, California 91423
United States
requests registration of the trademark/service mark identified above in the United States Patent and
Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et
seq.), as amended, for the following:
International Class 041: Entertainment, namely, live music concerts; Entertainment in the nature of
presenting live dramatic, comedic, and musical performances; providing online non-downloadable video clips
and other multimedia materials containing audio, video, artwork, and/or text from or related to live dramatic,
comedic, and musical performances; providing a website with information concerning live dramatic,
comedic, and musical performances
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in
connection with the identified goods/services.
3
Case 2:16-cv-07733 Document 1-6 Filed 10/17/16 Page 5 of 5 Page ID #:62
A fee payment in the amount of $275 has been submitted with the application, representing payment for 1
class(es).
Declaration
The signatory believes that: if the applicant is filing the application under 15 U.S.C. 1051(a), the applicant
is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in
commerce on or in connection with the goods/services in the application; the specimen(s) shows the mark as
used on or in connection with the goods/services in the application; and/or if the applicant filed an application
under 15 U.S.C. 1051(b), 1126(d), and/or 1126(e), the applicant is entitled to use the mark in
commerce; the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in
connection with the goods/services in the application. The signatory believes that to the best of the signatory's
knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark
in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in
connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. The
signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or
both, under 18 U.S.C. 1001, and that such willful false statements and the like may jeopardize the validity
of the application or any registration resulting therefrom, declares that all statements made of his/her own
knowledge are true and all statements made on information and belief are believed to be true.
Declaration Signature
Thank you,
4
Case 2:16-cv-07733 Document 1-7 Filed 10/17/16 Page 1 of 5 Page ID #:63
Exhibit 7
Case 2:16-cv-07733 Document 1-7 Filed 10/17/16 Page 2 of 5 Page ID #:64
From: TEAS@uspto.gov
Sent: Friday, October 14, 2016 4:15 PM
To: Rzonca, Lynn E. (Phila); Militello, Corinne (Phila); Eckenrode, Theresa (Phila);
phila_tmdocketing
Subject: 00200496 Serial number 87203958: Received Your Trademark/Service Mark
Application, Principal Register
Please read all of the important information below. Not every mark is registrable with the USPTO and
we do not refund the application filing fee(s) if a registration does not ultimately issue.
3. RECEIVING E-MAIL COMMUNICATIONS/FILING DOCUMENTS ON-LINE: Because you
have authorized receipt of correspondence by e-mail, please make sure that your server will accept
USPTO e-mail and not treat it as SPAM. If you must submit correspondence to us, please use the
Trademark Electronic Application System (TEAS) forms, available at
http://www.uspto.gov/trademarks/teas/index.jsp. Applicants who filed their application online using
the lower-fee TEAS RF application form must (1) continue to submit certain documents online using
TEAS, including responses to Office actions (see
http://www.uspto.gov/trademarks/teas/required_teas_filings.jsp for a complete list of these
documents); (2) accept correspondence from the USPTO via e-mail throughout the examination
process; and (3) maintain a valid e-mail address. TEAS RF applicants who do not meet these three
requirements must submit an additional processing fee of $50 per international class of
goods/services. However, in certain situations, authorizing an examiner's amendment by telephone
will not incur this additional fee.
4. KEEP YOUR ADDRESS CURRENT IN USPTO RECORDS: We do not extend filing deadlines
due to a failure to receive USPTO mailings/e-mailings. You must update the correspondence and/or
owner's address if a postal address and/or e-mail address changes, using the form(s) available at
http://www.uspto.gov/trademarks/teas/correspondence.jsp.
5. WARNING ABOUT UNSOLICITED COMMUNICATIONS: You may receive trademark-related
communications from private companies not associated with the USPTO. These communications
frequently display customer-specific information, including your USPTO serial number or registration
number and owner name, and request fees for trademark-related services, such as monitoring, listings
in international publications, and document filing. None of the companies offering these services are
affiliated with the USPTO or any other federal agency. All official correspondence will be from the
"United States Patent and Trademark Office" in Alexandria, VA, and if by e-mail, specifically from
the domain "@uspto.gov." Please consult the "Warning" page on the Trademarks section of the
1
Case 2:16-cv-07733 Document 1-7 Filed 10/17/16 Page 3 of 5 Page ID #:65
USPTO's website for further information about unsolicited communications and to view
representative examples of them. For general information on filing and maintenance requirements for
trademark applications and registrations, including fees required by law, please consult
www.uspto.gov, contact the TrademarkAssistanceCenter@uspto.gov or telephone 1-800-786-9199.
6. LEGAL EXAMINATION PROCESS: Your application is now pending examination. In
approximately 3 months, your application will be assigned to a USPTO examining attorney for
review. The application cannot mature into a registration unless all legal requirements are met, and
many applications never satisfy these requirements and therefore never register. The overall process
can take up to 18 months.
7. CHECK STATUS AND REVIEW DOCUMENTS OR YOUR APPLICATION MAY BE
UNINTENTIONALLY ABANDONED: You must check the status and review all documents
associated with your application at least every 3-4 months using Trademark Status and Document
Retrieval (TSDR), available at http://tsdr.uspto.gov/.
In the limited situation where you inadvertently filed identical applications, one immediately after the
other, because no confirmation of the first filing was received, please provide both serial numbers to
the technical support team at TEAS@uspto.gov.
10. SelectUSA: The United States represents the largest, most dynamic marketplace in the world and is
an unparalleled location for business investment, innovation, and commercialization of new
technologies. The U.S. offers tremendous resources and advantages for those who invest and
manufacture goods here. Through SelectUSA, our nation works to promote and facilitate business
investment. SelectUSA provides information assistance to the international investor community;
serves as an ombudsman for existing and potential investors; advocates on behalf of U.S. cities, states,
and regions competing for global investment; and counsels U.S. economic development organizations
on investment attraction best practices. To learn more about why the United States is the best country
in the world to develop technology, manufacture products, deliver services, and grow your business,
2
Case 2:16-cv-07733 Document 1-7 Filed 10/17/16 Page 4 of 5 Page ID #:66
APPLICATION DATA: You have filed a Trademark/Service Mark Application for registration on the
Principal Register using a TEAS RF application form.
The applicant, Century of Progress Productions, a personal services corporation legally organized under the
laws of California, having an address of
13801 Ventura Blvd
Sherman Oaks, California 91423
United States
requests registration of the trademark/service mark identified above in the United States Patent and
Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et
seq.), as amended, for the following:
International Class 016: Printed matter, namely, posters, calendars, souvenir books, notebooks, note
cards, temporary tattoo transfers, photographs, printed tickets, event programs, decals, stickers
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in
connection with the identified goods/services.
International Class 025: Clothing, namely, t-shirts, long-sleeved shirts, tank tops, shirts, tops, coats,
jackets, sweatshirts, pullovers, hooded pullovers, pants, shorts, jeans, sweatpants, loungewear, sleepwear,
pajamas, bathrobes, shoes, boxer shorts, boxer briefs, underwear, belts, gloves, bandanas, caps, hats
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in
connection with the identified goods/services.
subsequent application-related submissions via the Trademark Electronic Application System (TEAS).
Failure to do so will result in an additional processing fee of $50 per international class of goods/services.
A fee payment in the amount of $550 has been submitted with the application, representing payment for 2
class(es).
Declaration
The signatory believes that: if the applicant is filing the application under 15 U.S.C. 1051(a), the applicant
is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in
commerce on or in connection with the goods/services in the application; the specimen(s) shows the mark as
used on or in connection with the goods/services in the application; and/or if the applicant filed an application
under 15 U.S.C. 1051(b), 1126(d), and/or 1126(e), the applicant is entitled to use the mark in
commerce; the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in
connection with the goods/services in the application. The signatory believes that to the best of the signatory's
knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark
in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in
connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. The
signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or
both, under 18 U.S.C. 1001, and that such willful false statements and the like may jeopardize the validity
of the application or any registration resulting therefrom, declares that all statements made of his/her own
knowledge are true and all statements made on information and belief are believed to be true.
Declaration Signature
Thank you,